Litigation update Sept. 2018: Three lawsuits are currently before the federal district court in Tucson, each challenging various aspects of the federal government’s review and approval of the Rosemont Mine.
The first case was filed by the Center for Biological Diversity and focuses on violations of the Endangered Species Act. The other cases were filed by: (1) SSSR (along with the Arizona Mining Reform Coalition, Center for Biological Diversity, and the Sierra Club); and (2) Tohono O’odham Nation, Pascua Yaqui Tribe, and the Hopi Tribe.
The SSSR case focuses on various violations of federal public land and environmental laws, including the Clean Water Act, Federal Land Policy and Management Act, the Forest Service Organic Act, and the National Environmental Policy Act (NEPA). The Nation and Tribes case also focuses on NEPA and the Organic Act, as well as the National Historic Preservation Act.
Legal briefing on all three cases began in August, 2018, and will continue into early 2019. It is expected that the court will schedule a hearing on all the cases after briefing is concluded, although no date has been set.